What Is the Dram Shop Law in Ohio?

When an intoxicated person causes an accident, it’s easy to assume they are solely liable. However, the dram shop law in Ohio recognizes that establishments serving alcohol can also be held responsible. The experienced personal injury attorneys in our law firm are prepared to represent injured Ohioans who suffered alcohol-related harms under dram shop liability laws.

What Does “Dram Shop” Mean?

“Dram shop” comes from 18th-century England, where alcohol was sold by the dram—one-eighth of a fluid ounce. Historically, bars and pubs were central to this concept, and today it refers to establishments licensed to sell alcohol.

What Is the Ohio Dram Shop Act?

Ohio Revised Code § 4399.18 sets the rules for when bars or restaurants can be held liable for injuries, death, or property damage caused by an intoxicated patron. It is the exclusive remedy for such accidents.

To file a claim, you must show the commercial establishment either served alcoholic beverages (including beer) to a visibly intoxicated individual or a minor—someone under the legal drinking age of 21—and that this led directly to the harm. The law treats incidents on the vendor’s property or parking lot differently from those that happen off-site, such as drunk driving accidents.

What Evidence Will I Need for a Dram Shop Action?

Building a successful dram shop case requires solid evidence to prove the establishment’s negligence. Simply showing that a person was drunk is not enough; you must connect their intoxication to the service they received at the establishment. Key pieces of evidence include:

• Witness testimony: statements from other patrons, friends, or employees can describe the person’s behavior and state of intoxication.
• Video surveillance: footage from inside the bar or restaurant can show the person being served while visibly drunk.
• Receipts and bank statements: credit card or debit card records can prove the individual purchased alcohol at the establishment and show the quantity and timing of the sales.
• Police reports: the official accident report may contain details about the at-fault person’s level of intoxication, including breathalyzer or blood test results.

How Do I Prove My Ohio Dram Shop Act Case?

To win a dram shop case in Ohio for an off-premises injury, your attorney must establish two critical points:

1. You must show that the vendor or its employee knowingly sold an intoxicating beverage to a “noticeably intoxicated person”—as prohibited by Ohio Revised Code § 4301.22(B)—or to an underage person. “Noticeably intoxicated” means the person displayed clear signs of drunkenness, such as slurred speech, stumbling, or aggressive behavior.
2. You must prove that the individual’s intoxication was a proximate cause of the injury, death, or property damage. You must prove that overserving directly caused the harm, such as showing the drunk person caused a car accident shortly after being served by the alcohol vendor.

Do Ohio’s Dram Shop Laws Apply to Liquor Stores?

Yes, Ohio’s dram shop laws hold liquor stores—and other commercial establishments that sell alcohol—responsible for damages caused if they knowingly sell an intoxicant to a visibly drunk person or underage drinker, and that sale directly led to harm or monetary damages.

What Is Social Host Liability in Ohio?

In Ohio, social host liability laws hold individuals accountable for serving alcohol to minors in social settings. By law, it is illegal to furnish alcohol to anyone under 21 unless supervised by a parent or legal guardian. Social hosts can face legal liability for harm caused by intoxicated minors, including injuries, property damage, or accidents resulting from underage drinking.

What If I Was Drinking with the Intoxicated Person?

Ohio’s “complicity doctrine” may impact your civil lawsuit if the injured person contributed to someone’s intoxication, like buying drinks or encouraging them to drink more. This could prevent you from recovering damages. Simply sharing a drink may not apply, but an attorney should evaluate your case.

What Are the Liability Limits Under the Ohio Dram Shop Act?

Ohio’s dram shop statute does not place a specific cap on the total damages you can recover from a negligent bar owner who was held legally responsible for alcohol-related injuries.

You may be entitled to seek damages for medical bills, lost wages, property damage, and pain and suffering. However, Ohio does have general caps on non-economic damages (like pain and suffering) in many personal injury cases, as outlined in Ohio Revised Code § 2315.18. These complex limits depend on the severity of the injury, making it essential to consult with an attorney to understand the potential value of your claim.

Are Dram Shop Claims Limited to Drunk Drivers?

No, dram shop claims aren’t just for drunk driving cases. Liability also covers injuries caused by fights, falls, or other harm caused by someone who was served alcohol while visibly intoxicated. If you can show the bar or restaurant knowingly served the person, and their intoxication led to your injury, you may have a case.

How Much Time Do I Have to File a Claim Under the Ohio Dram Shop Act?

In Ohio, the statute of limitations for filing a personal injury claim, including negligent actions under the Dram Shop Act, is generally two years from the date of the injury (Ohio Revised Code § 2305.10). If you fail to file a lawsuit against a party legally responsible for damages within this two-year window, you will lose your right to pursue compensation.